1.Easy
An offer with no stated time limit lapses:
- ANever, unless revoked
- BAfter a reasonable time
- CAt midnight on the day it is made
- DAfter exactly seven days
2.Easy
For commercial agreements, English courts presume that the parties:
- AIntend to create legal relations
- BIntend the agreement to be a gift
- CDo not intend to create legal relations
- DIntend only a moral obligation
3.Easy
Which statement about silence as acceptance is correct in general?
- ASilence always counts as acceptance
- BSilence usually does not count as acceptance
- CSilence counts as acceptance if the offeror says so
- DSilence counts as acceptance after 24 hours
4.Medium
Under the Law Reform (Frustrated Contracts) Act 1943, money paid before a frustrating event is generally:
- ARecoverable, though the court may let the payee keep some for expenses
- BPayable twice, as a penalty
- CPaid into court for distribution
- DLost, because the loss must lie where it falls once the contract is frustrated
5.Medium
A builder's job takes much longer and costs much more than planned because of labour shortages. Under Davis Contractors v Fareham UDC, the contract is:
- AVoid, because the price was wrongly estimated
- BFrustrated, because the costs rose unexpectedly and substantially
- CAutomatically varied to a reasonable price
- DNot frustrated, because it has only become more onerous
6.Medium
A former wife sues for maintenance her ex-husband promised, relying only on promissory estoppel because she gave no consideration. In Combe v Combe:
- AShe succeeded, because the promise was made in writing
- BShe succeeded, because she relied on the promise
- CShe failed, because promissory estoppel is a shield, not a sword
- DShe failed, because family agreements are never legally binding on either party
7.Hard
Specific performance is usually ordered when:
- AThe claimant asks for it in any case
- BThe defendant has no money
- CThe contract involves personal services, such as employment or performance contracts
- DDamages would be an inadequate remedy, for example for unique goods or land
8.Hard
A former spy publishes his memoirs in breach of his undertaking not to disclose official information. In AG v Blake, the House of Lords:
- AHeld that no remedy was available
- BAwarded punitive damages to the Crown
- CAwarded only nominal damages
- DOrdered him to account for his profits, in an exceptional case
Answer key
- 1. B · After a reasonable time
- 2. A · Intend to create legal relations
- 3. B · Silence usually does not count as acceptance
- 4. A · Recoverable, though the court may let the payee keep some for expenses
- 5. D · Not frustrated, because it has only become more onerous
- 6. C · She failed, because promissory estoppel is a shield, not a sword
- 7. D · Damages would be an inadequate remedy, for example for unique goods or land
- 8. D · Ordered him to account for his profits, in an exceptional case
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